Hello, I've been facing an issue with my employer who has not been paying my salary since June 2025. I decided to put my work on hold in September of the same year due to non-payment of salary for three months. A cheque was issued to me in September 2025 as a partial payment, but unfortunately, it bounced. To date, I have neither resigned, nor has the employer terminated me. I am wondering how I can recover my unpaid salary, and if I am entitled to demand salary payments for all the months up until now.
From India, Pune
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From India, Pune
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Legal Options for Non-Payment of Salary
Non-payment of salary is a violation of labour laws. The employee has several options for redressal:
1. 📝 Lodge a complaint with the Labour Commissioner: Submit a written application detailing the issue and your demands. Include supporting documents like salary slips, appointment letter, etc.
2. 📄 File a Civil Suit: If the amount due is large, consider filing a civil suit for recovery of the amount. Consult a lawyer for this.
3. 👉 File a complaint under Section 138 of the Negotiable Instruments Act: Since the employer's cheque has bounced, you can file a complaint under Section 138. A bounced cheque is a criminal offence in India.
Recovery of Salary for Unworked Months
The employee can demand salary for the months they were employed but not working due to non-payment. This falls under the 'right to lien' principle. However, the success of this demand depends on the employment contract and the laws of the jurisdiction.
In conclusion, it is advisable to consult a labour law expert or lawyer before proceeding with any legal action. Access to free legal aid is available via the https://nalsa.gov.in/ portal. Remember, it's crucial to keep all communication with your employer documented and maintain all related evidence. 📝📄
From India, Gurugram
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147Non-payment of salary is a violation of labour laws. The employee has several options for redressal:
1. 📝 Lodge a complaint with the Labour Commissioner: Submit a written application detailing the issue and your demands. Include supporting documents like salary slips, appointment letter, etc.
2. 📄 File a Civil Suit: If the amount due is large, consider filing a civil suit for recovery of the amount. Consult a lawyer for this.
3. 👉 File a complaint under Section 138 of the Negotiable Instruments Act: Since the employer's cheque has bounced, you can file a complaint under Section 138. A bounced cheque is a criminal offence in India.
Recovery of Salary for Unworked Months
The employee can demand salary for the months they were employed but not working due to non-payment. This falls under the 'right to lien' principle. However, the success of this demand depends on the employment contract and the laws of the jurisdiction.
In conclusion, it is advisable to consult a labour law expert or lawyer before proceeding with any legal action. Access to free legal aid is available via the https://nalsa.gov.in/ portal. Remember, it's crucial to keep all communication with your employer documented and maintain all related evidence. 📝📄
From India, Gurugram
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Dear Poster,
The remedies are available for non-payment of wages and for bounce of cheque.
The remedies available for non-payment of wages is different from the bounce of cheque.
The non payment or delayed payment of wages include sending a formal legal notice or filing of a complaint with the Labour Commissioner, or initiating proceedings under the Payment of Wages Act, 1936. And under the Industrial Disputes Act, 1947. Employees can also file a summary suit in a civil court, approach small claims courts, or file for insolvency (NCLT) for substantial dues.
Legal Notice: Send a formal demand letter to the employer through a lawyer, which often prompts payment to avoid legal action.
Labour Commissioner Complaint, if a Workman: Approach the Labour Commissioner's office to initiate conciliation. This typically takes 2–6 months.
Payment of Wages Act, 1936: File a claim for unpaid wages, including compensation and damages, under Section 15 of the Act.
Industrial Disputes Act, 1947: File a case for recovery of money under Section 33(c) for unpaid dues.
Civil Suit/Summary Suit: File a summary suit under Order 37 of the Civil Procedure Code for liquidated (fixed) amounts, which allows for faster proceedings.
Insolvency and Bankruptcy Code (IBC) 2016: If the amount is substantial, employees can act as operational creditors and file a petition with the National Company Law Tribunal (NCLT).
Criminal Complaint: If the employer intentionally cheated or withheld salary, a criminal complaint can be filed.
Shops and Establishments Act: File a complaint with the local authorities for violations of state-specific shop acts.
Bounce Cheque:
When a cheque bounces, the primary remedies include sending a formal legal notice within 30 days of the return memo, allowing 15 days for repayment, and filing a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881. Penalties can include fines up to twice the cheque amount or imprisonment for up to two years.
Key Legal and Practical Remedies:
Get the Return Memo: Immediately obtain the "cheque return memo" from your bank, which states the reason for non-payment.
Send a Legal Notice (Mandatory): Send a formal legal demand notice to the drawer via registered post within 30 days of receiving the return memo. The notice should demand payment within 15 days of receiving it.
File a Criminal Case (Section 138 NI Act): If the drawer fails to pay within 15 days of receiving the notice, file a criminal complaint before a Magistrate's court within the next 30 days.
File a Civil Suit: Apart from criminal action, you can file a civil suit for summary procedure under Order 37 of the Code of Civil Procedure for recovery of the money.
Re-submit the Cheque: If the bounce was due to a technical error or temporary lack of funds, you can re-present the cheque within three months of its original date.
From India, Mumbai
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The remedies are available for non-payment of wages and for bounce of cheque.
The remedies available for non-payment of wages is different from the bounce of cheque.
The non payment or delayed payment of wages include sending a formal legal notice or filing of a complaint with the Labour Commissioner, or initiating proceedings under the Payment of Wages Act, 1936. And under the Industrial Disputes Act, 1947. Employees can also file a summary suit in a civil court, approach small claims courts, or file for insolvency (NCLT) for substantial dues.
Legal Notice: Send a formal demand letter to the employer through a lawyer, which often prompts payment to avoid legal action.
Labour Commissioner Complaint, if a Workman: Approach the Labour Commissioner's office to initiate conciliation. This typically takes 2–6 months.
Payment of Wages Act, 1936: File a claim for unpaid wages, including compensation and damages, under Section 15 of the Act.
Industrial Disputes Act, 1947: File a case for recovery of money under Section 33(c) for unpaid dues.
Civil Suit/Summary Suit: File a summary suit under Order 37 of the Civil Procedure Code for liquidated (fixed) amounts, which allows for faster proceedings.
Insolvency and Bankruptcy Code (IBC) 2016: If the amount is substantial, employees can act as operational creditors and file a petition with the National Company Law Tribunal (NCLT).
Criminal Complaint: If the employer intentionally cheated or withheld salary, a criminal complaint can be filed.
Shops and Establishments Act: File a complaint with the local authorities for violations of state-specific shop acts.
Bounce Cheque:
When a cheque bounces, the primary remedies include sending a formal legal notice within 30 days of the return memo, allowing 15 days for repayment, and filing a criminal complaint under Section 138 of the Negotiable Instruments Act, 1881. Penalties can include fines up to twice the cheque amount or imprisonment for up to two years.
Key Legal and Practical Remedies:
Get the Return Memo: Immediately obtain the "cheque return memo" from your bank, which states the reason for non-payment.
Send a Legal Notice (Mandatory): Send a formal legal demand notice to the drawer via registered post within 30 days of receiving the return memo. The notice should demand payment within 15 days of receiving it.
File a Criminal Case (Section 138 NI Act): If the drawer fails to pay within 15 days of receiving the notice, file a criminal complaint before a Magistrate's court within the next 30 days.
File a Civil Suit: Apart from criminal action, you can file a civil suit for summary procedure under Order 37 of the Code of Civil Procedure for recovery of the money.
Re-submit the Cheque: If the bounce was due to a technical error or temporary lack of funds, you can re-present the cheque within three months of its original date.
From India, Mumbai
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Dear,
First find out the reason why he/she is doing this
second, any communication verbal/mail/writing done between you and your employer happened, please publish here. THen only I can give you concrete solution.
Before going to any legislation step first work out all options.
Rgds
XYZ
Labour Laws HR Compliances Consultant
From India, Mumbai
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First find out the reason why he/she is doing this
second, any communication verbal/mail/writing done between you and your employer happened, please publish here. THen only I can give you concrete solution.
Before going to any legislation step first work out all options.
Rgds
XYZ
Labour Laws HR Compliances Consultant
From India, Mumbai
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-Your advice is sound. It's crucial to understand the reasons and have clear communication before taking legal steps. Keep up the good work! (1 Acknowledge point)
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Hi,
Is there any breach of Bond or Agreement from your end ?
Is there any unresolved issue like damage of company's asset / property by you?
Is any disciplinary action initiated by your Employer against you, like Suspension followed by pending enquiry?
Whether you were present to office on all days for the period June,2025 to Aug,2025?
Have you approached your Employer for salary and if so whether all such communications were documented and copies were preserved ?
More information is required for Members to guide you properly.
From India, Madras
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Is there any breach of Bond or Agreement from your end ?
Is there any unresolved issue like damage of company's asset / property by you?
Is any disciplinary action initiated by your Employer against you, like Suspension followed by pending enquiry?
Whether you were present to office on all days for the period June,2025 to Aug,2025?
Have you approached your Employer for salary and if so whether all such communications were documented and copies were preserved ?
More information is required for Members to guide you properly.
From India, Madras
Acknowledge(0)Amend(0)CiteHR.AI
(Fact Checked)-Your questions are very relevant and will indeed help in understanding the situation better. It's crucial to document all communications for future reference. (1 Acknowledge point)
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brilliantCiteHR.AI
(Fact Checked)-Your detailed response is accurate and comprehensive, covering both non-payment of wages and bounced cheque scenarios under Indian law. Well done! Keep sharing such valuable information. (1 Acknowledge point)